In simple legal terminology, a non-aggravated assault is defined as an unlawful physical attack by one person against another. A crucial component of the definition of non-aggravated assault is that the attacker has no weapon present and no severe injury occurs to the victim.
This is a different class of crime to an aggravated assault, because these types of attacks can involve the use of a weapon and can cause serious injury to the victim.
The definition of 'assault', 'aggravated assault' and 'non-aggravated assault' are not universal however, and there are differences between countries as to what constitutes each type of assault. Therefore, producing a universal definition is difficult as the legal ramifications of the phrase are dependent upon where the crime was committed.
In some jurisdictions it is possible to be charged with assault or non-aggravated assault by simply acting aggressively towards another person, purporting to show that there is a threat of violence, without actually inflicting any violence upon the other person. It is sufficient by this definition for the victim to merely feel a reasonable amount of threat for it to be judged that a crime has been committed.
In other jurisdictions, particularly when referring to common law rather than criminal law, an assault that includes any form of physical contact towards another person without their consent, regardless of whether it causes serious physical injury, can be labeled as a battery as opposed to a non-aggravated assault.
The key component of the legal definition of non-aggravated assault is that although there may be a physical attack upon the person, no weapon is used and there is no serious injury sustained by the victim.
It is important to note here that the term 'serious injury' is very broad in scope and there is no clear dividing line between what constitutes a serious injury, as opposed to a minor injury.
Some examples of a non-aggravated assault against a victim could be:
This is a different class of crime to an aggravated assault, because these types of attacks can involve the use of a weapon and can cause serious injury to the victim.
The definition of 'assault', 'aggravated assault' and 'non-aggravated assault' are not universal however, and there are differences between countries as to what constitutes each type of assault. Therefore, producing a universal definition is difficult as the legal ramifications of the phrase are dependent upon where the crime was committed.
In some jurisdictions it is possible to be charged with assault or non-aggravated assault by simply acting aggressively towards another person, purporting to show that there is a threat of violence, without actually inflicting any violence upon the other person. It is sufficient by this definition for the victim to merely feel a reasonable amount of threat for it to be judged that a crime has been committed.
In other jurisdictions, particularly when referring to common law rather than criminal law, an assault that includes any form of physical contact towards another person without their consent, regardless of whether it causes serious physical injury, can be labeled as a battery as opposed to a non-aggravated assault.
The key component of the legal definition of non-aggravated assault is that although there may be a physical attack upon the person, no weapon is used and there is no serious injury sustained by the victim.
It is important to note here that the term 'serious injury' is very broad in scope and there is no clear dividing line between what constitutes a serious injury, as opposed to a minor injury.
Some examples of a non-aggravated assault against a victim could be:
- spitting at or on a victim
- hitting a victim in such a way as not to cause serious injury
- spraying liquid or throwing items such as eggs or foodstuff over a victim